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Rule 3212. Motion for summary judgment. (a) Time; kind of action. Any party may move for summary judgment in any action, after issue has been joined; provided however, that the court may set a date after which no such motion may be made, such date being no earlier than thirty days after the filing of the note of issue.
What does NY CPLR stand for?
The abbreviation CPLR means the New York State Civil Practice Law and Rules. Decision. The term decision means the report that concludes the review by the tribunal commissioners of an administrative law judges determination.
What is NY CPLR rule 3211?
Rule 3211. Motion to dismiss. (a) Motion to dismiss cause of action. A party may move for judgment dismissing one or more causes of action.
What is an example of failure to state a claim?
One example of a failure to state a claim is when one party files a personal injury claim based on negligence. Negligence requires that the defendant breached their duty of care to the plaintiff.
What is CPLR 3211?
In New York state court, where the Civil Practice Law and Rules (CPLR) offers more flexibility than the Federal Rules of Civil Procedure, CPLR 3211(a)(1) permits a defendant to introduce on a motion to dismiss documents that utterly refute allegations in a complaint, but it is not boundless.
Rule 2214. Motion papers; service; time A notice of motion shall specify the time and place of the hearing on the motion, the supporting papers upon which the motion is based, the relief demanded and the grounds therefor. Relief in the alternative or of several different types may be demanded.
Related links
CPLR 2106 Amended To Permit Anyone To Submit
Feb 29, 2024 1, 2024, CPLR 2106 was substantially amended to allow any person to submit an affirmation in lieu of an affidavit, with the same force and
Mar 18, 2021 Defendants ask the court to apply the recently amended anti-SLAPP law, comprised of various provisions of Civil Rights. Law 70-a and 76-a,
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